Editor_4, Author at SCC Times

Awards cannot be set aside on ground of erroneous application of law or by reappreciation of evidence until it suffers from patent illegality: Allahabad High Court

“The Statehas miserably failed to show any patent illegality warranting interference in appellate jurisdiction. Mere allegation would not suffice until and unless it stands substantiated from the pleading and the records.”

Chander. Lall book on Comparative Advertising

Events/Webinars News

“In context of Indian economy, this book is going to be an invaluable guidance”, says Justice Surya Kant at book release of Comparative Advertising by Chander M Lall

EBC brings Senior Advocate Chander M. Lall’ s book on Comparative Advertising: Law & Practice”

Case Briefs High Courts

Removal of minor daughter from father’s custody by mother without consent; Bombay HC directs repatriation of daughter to USA with her father

The Court said that when confronted with a question pertaining the custody of a minor child, the Court as parens partriae, should not decide on the consideration of the legal rights of the parties, but on the sole and predominant criterion of the child’s best interest and welfare.

High Court Round Up Legal RoundUp

HIGH COURT MAY 2024 WEEKLY ROUNDUP| Stories on Manual Scavenging; Union Minister Amit Shah; Rape & Murder of 6-yr-old; Victims of Terrorism; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court

“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”

Case Briefs High Courts

‘Review is not an appeal in disguise’: Allahabad HC dismisses review application against Order of Remand

There are substantive differences between review and appeal. A decision’s cryptic nature alone does not warrant a review.

Case Briefs High Courts

Explained| How Tripura High Court’s order led to building legal regime for protection of captive animals/seized wild animals

A High-Powered Committee was constituted by the High Court to look into transfer/rehabilitation of captive elephants. Later on, the Supreme extended the Committee’s jurisdiction throughout the country for welfare, care and rehabilitation of wild animals including captive elephants.

Case Briefs High Courts

Crucial to extend education to encompass concept of ‘Virtual Touch’ apart from ‘Good and Bad Touch’; Delhi HC rejects bail application of POCSO accused

The Delhi High Court says that efforts must be taken to teach children about critical thinking skills to assess the credibility of online contacts and safeguard their personal information.

Case Briefs High Courts

Delhi High Court denies permission to a 20-year-old student to abort ‘viable and normal’ foetus

The Delhi High Court said that foeticide would neither be ethical nor legal since the foetus was viable and normal, causing no danger to the life of the mother.

Case Briefs District Court

[Contraband Sampling] Inordinate & unexplained delay of 34 days in filing application u/s 52A NDPS Act; Delhi Court grants bail to foreign national in NDPS case

The accused was a foreign national and was caught with a significant amount of contraband substance, 2975.2 grams of heroin, in his luggage.

Case Briefs High Courts

‘Retirement benefits are hard-earned benefits, not gifts’: Manipur HC quashes an order demanding deduction from retirement gratuity

“It is well settled that pension is not a bounty, being a hard-earned benefit of an employee who has put in long and dedicated service till the age of retirement.”

Legislation Updates Rules & Regulations

SEBI notifies Securities and Exchange Board of India (Employees’ Service) (Second Amendment) Regulations, 2024

The Board made the regulations to amend the Securities and Exchange Board of India (Employees’ Service) Regulations, 2001

RBI amends Foreign Exchange Management (Deposit) Regulations

Legislation Updates Rules & Regulations

Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024

The Foreign Exchange Management (Deposit) Regulations, 2016 has been amended by the Reserve Bank of India by Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024.

Case Briefs High Courts

Delhi HC refuses plea of ailing accused to be admitted in specialized care facility; Sends him back to Tihar Jail

The Delhi High Court directs for a Medical Board to be constituted at AIIMS to examine the deteriorating health of ailing accused.

Case Briefs High Courts

‘Sacrosanct right of woman to bodily integrity under Art. 21’: Kerala HC allows minor rape victim to terminate pregnancy of 28 weeks

“The right of a woman or a girl to make autonomous decisions about her own body and reproductive functions is at the very core of her fundamental right to equality and privacy”

Case Briefs High Courts

EWS admissions now permissible beyond December 31 in Academic Sessions: Delhi High Court

It can no longer be said that the fixing of cutoff date 31 December as a date beyond which no order of provisional admission can be passed, is a principle which should be regarded as judicially binding, till a hierarchically superior court speaks on it.

Case Briefs High Courts

Non-production of the accused before Trial Court on 70 occasions; Bombay HC grants bail; Flags procedural failure by prosecution

Even though the applicant in the instant case was accused of serious crimes, the Court granted bail stating that an accused must be granted bail if their trial was not effectively progressing and protracted for no fault of theirs.

Case Briefs Foreign Courts

Electoral Court of South Africa upholds the candidature of Jacob Zuma for the upcoming general elections in May 2024

The Court held that a person convicted of an offence and sentenced to more than 12 months’ imprisonment does not immediately become ineligible to be a member of the National Assembly and found Jacob Zuma’s disqualification to be incorrect.